Change Of The Measurement And Calibration Act

Original Language Title: Änderung des Maß- und Eichgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_10/BGBLA_2015_I_10.html

10 federal law modifying the measure and calibration law

The National Council has decided:

The measurement and calibration Act (MEG), Federal Law Gazette No. 152/1950, amended by Federal Law Gazette I no. 129/2013, is amended as follows:

1 in § 5 par. 1, par. 2, para 3 subpara 1 lit. d and para 5, § 18, § 21, § 27, § 28, § 32 para 1, para 3 and para 5, § 35 paragraph 4 and paragraph 8, § 36 para 3, § 38 paragraph 8, § 49 para 2, § 50, § 57 para 1, § 60 replaced the phrase "Economy, family and youth" by the phrase "Science, research and economy" Z 3, article 62, paragraph 1 and paragraph 2, article 63, paragraph 2 and article 70.

2. in article 5, para. 3 subpara 1 lit. c is replaced by the phrase "Europe, integration and outside" the phrase "European and international affairs".

3. in article 5, para. 3 subpara 1 lit. h replaced the phrase "Science and research" by the phrase "Family and youth".

4. § 8 para 7 Z 2-4 are:



"2. calibration points (accreditation Act 2012 - AkkG 2012, Federal Law Gazette I no. 28/2012 in the currently valid version), 3rd test centres (AkkG 2012), 4. inspection bodies (AkkG 2012)," 5. In § 8 para 7 Z 5 is the phrase "as last amended by Federal Law Gazette I no. 80/2007" is replaced by the phrase "in its up-to-date version".

6 the following paragraph 8 is added to in section 8:

"(8) not legal instruments of § 8 para 1 are lit Z 4. "a to c, the provisions on procedures for interoperability constituents in the main piece of the 8 part of the Railway Act 1957 - 2 EisbG, Federal Law Gazette No. 60/1957, as applicable, are subject to."

7. in paragraph 12, the word order is "last amended by Federal Law Gazette I no. 143/2009" is replaced by the phrase "in its up-to-date version".

8. in § 12b paragraph 4 is the phrase "§ 34 ABS. 3 of the Radiation Protection Act, Federal Law Gazette No. 227/1969, amended the radiation protection-EU adaptation Act, Federal Law Gazette I no. 146/2002" by the phrase "section 34, paragraph 1, of the Radiation Protection Act, Federal Law Gazette No. 227/1969 in the current version," replaced.

9. at the end of paragraph 18, the word "set" is eliminated.

10. in article 35, paragraph 1, the phrase is replaced "Economics and labour" by the phrase "Science, research and economy".

11 the following paragraph 5 is added to § the 36:

"(5) for calibrations are carried out in the last three months a year for gas meters, electricity meters, instruments for thermal energy and water meters, marking the calibration technically tested meters with the year mark of the following year under the condition to grant that these instruments will not be taken before 1 January of the following year in use is at the request of a calibration facility at the Bundesamt für Eich - und Vermessungswesen. The submission is to explain how to make sure that these instruments will not be taken before 1 January of the following year in use. The method of securing is to check by the Bundesamt für Eich - und Vermessungswesen on their usefulness."

12 10 the following paragraph is added to article the 38:

"(10) manufacturer of measuring instruments have the information and documents which are required for the verification and are not already included in the issued accreditation documents according to article 38, paragraph 1, at the latest within 10 days by electronic means to make available the be and all calibration points authorized to calibrate these measuring instruments."

13 § 45 para 8 No. 2 is:



"2. with the end of the eighth month following the month of the affixing of the mark of assurance for Rotary gas meters, turbine meters, ultrasonic gas meters with a maximum flow greater than 65 m3/h and measuring equipment for thermal energy."

14. the section 45 be added following paragraph 9 to 13:

"(9) the installation of backup characters referred to in paragraph 2 to 4 and 8 is permissible up to the calibration only once.

(10) system operators for electricity in the meaning of § 7 of the electricity and Organization Act ElWOG, Federal Law Gazette I no. 143/1998 amended and for gas within the meaning of § 7 of the gas business Act 2011 - MLA 2011, Federal Law Gazette I no. 107/2011 in amended, may for electricity meter and gas meter, catering for thermal energy and water gauge for thermal energy and water meters , without removal of the meter those relevant for the measurement software that was secured against change, update under the following conditions:



1. the measuring instruments must meet the conditions for verifiability pursuant to article 38, paragraph 1 for the software update;

2. the update only to correct errors in the software, which can lead to incorrect measurement results is required;

3. the updated software may not extend the functional scope of the measuring devices;

4. testing the suitability of the updated software must be obtained from the Bundesamt für Eich - und Vermessungswesen. The application must contain a description of the specific failure of the software in use, as well as the justification of the need for updating.

(11) the permission to update the software when a certain number of measuring instruments in accordance with paragraph 10 must be requested from the Bundesamt für Eich - und Vermessungswesen, in the form of meter lots. The examination on the basis of samples under application according to § 18 No. 2 lit. b adopted regulations. After the software update is to check the set number of instruments and a decision to accede to the request for software updating for positive test result or be dismissed in the case of a negative test result having fare of the result. In the course of sampling the requirements not detected, all instruments of this lot are considered ungeeicht.

(12) providers or network operators have to make sure that the recording of the updated software in accordance with the respective State of the art has to be carried out in accordance with paragraph 10. The procedure of recording is to set out in the application pursuant to paragraph 10.

(13) before updating the software to read the measured values, to document and to make requests of the customer or the customer are."

15. According to article 45, the following article 45a is inserted:

"§ 45a. (1) calibrated measuring instruments (short-term opening) may be opened only by be or authorised calibration points for the replacement of calibration legally non-relevant parts without the following new setting in accordance with the following conditions:



1. the use cases requested by the authorized calibration facility and filed procedures for the short-term opening were checked by the Bundesamt für Eich - und Vermessungswesen and approved;

2. by the terms of the envisaged procedures for the short-term opening, you must ensure that calibration-relevant parts nor in the software are used.

3. the short-term opening must perform only from that place, which has carried out also the last calibration.

4. the personnel authorized to the short-term opening has during the entire opening to be present;

5. before the short-term opening is by authorized personnel to check that all intended control points are unhurt and date of last calibration after no. 3;

6. a functional test is to perform after the short opening and documented;

7. all control points injured through the short-term opening must be restored and the recovery shall be documented;

8. the reporting of short-term openings has to meet the same requirements as those in the case of calibrations."

16 the following paragraph 3 is added to § the 48:

"(3) the calibration of a measuring instrument does not invalidate using the updated software in accordance with § 45 para. 10 and 12 and through the short-term opening in accordance with § 45a. The Nacheichfrist will not be extended as a result."

17 in § 55 para 2, the phrases are "last amended by Federal Law Gazette I no. 121/2008", "last amended by Federal Law Gazette I no 52/2009" and "last amended by Federal Law Gazette I no. 6/2006" replaced by the phrase "in its up-to-date version".

18. the heading before section 60 is as follows:

"The third part

Testing

Section A

Checking service"

19 § 61 para 1 No. 7 is:



"7. can the qualified time-stamping service provided are," 20. The heading before section 62a is as follows:

"Section B

Public Wägeanstalten"

The following paragraph 3 is added to § 21 72:

"(3) the Federal Act Federal Law Gazette I no. was 10/2015 in accordance with the provisions of Directive 98/34/EC establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society, OJ No L 204 of 21.07.1998, p. 37 last amended by Regulation (EU) No. 1025/2012, OJ No. L 316 of the 14.11.2012 under the notified Notifikationsnummer 2013/696/A."

Fischer

Faymann